MY BROTHER COMMITTED SUICIDE. HE LEFT 3 KIDS UNDER 18 AND A EX WIFE. WHO WOULD BE CONSIDERED NEXT OF KIN?

Question

MY BROTHER IN LAW HUNG HIMSELF ON 2/18/2018. HE HAS 3 CHILDREN WITH HIS EX WIFE ALL UNDER THE AGE OF 18. THEY HAVE BEEN DIVORCED FOR OVER 9 YEARS. SINCE THEN MY MOTHER IN LAW HAS PAID THE MORGAGE ON HIS HOME DUE TO THE FACTS THAT HIS EARNED INCOME WENT TO HIS EX FOR CHILD SUPPORT. IN THE DIVORCE DECREE IT CLEARLY STATES THAT HIS EX HAS ABSOLUTELY NO RIGHTS TO HIS PROPERTY, TO HIS ASSESTS EXCEPT WHAT WAS AWARDED IN THE DIVORCE. NOW THAT HE IS GONE HIS EX WHOM IS REMARRIED IS TAKING OUR FAMILY TO PROBATE CT. STATING THAT SHE AND HER CHILDREN ARE LEGALLY ENTITLED TO ANY AND ALL OF MY BROTHER IN LAWS ASSETS? INCLUDING ANY EQUITY IN THE HOME WHICH THERE IS NOT THE BANK STILL OWNS THE HOME. MIND YOU IF IT WERENT FOR MY MOTHER IN LAW PAYING THE MORTGAGE ALL THESE YEARS THE HOME WOULD HAVE BEEN IN FORECLOSURE LONG AGO. HIS EX WIFE HAS NO CLUE AS TO HIS FINANCES SUCH AS DEBTS, JUDGEMENTS, ETC... WHICH I DO AND I KNOW FOR SURE HIS DEBT CLEARLY OVER RUNS ANY KIND OF ASSETS HE OWNS.

Wesley Winsor · Answer

Hello, 
 
I am sorry for your loss.  I am also sorry I am having a bit of trouble understanding your relationship to the decedent.  Is he your wife's brother, or your sister's husband?  I would imagine that he is your wife's brother because otherwise, your sister would stand in line to inherit something and you didn't mention her.  Please correct me if I am wrong. 
 
Together with the above, I am assuming that your mother-in-law is the decedent's mother as well.  To answer your question, his three children will be considered his "next of kin".  Barring a will or a trust, they are entitled to inherit all of the decedent's estate to share equally. 
 
His ex-wife is probably asking the court to appoint her as Personal Representative of the decedent's estate based on her position as sole guardian of the decedent's children.  The children are the sole beneficiaries of his estate. Neither his mother nor his ex-wife has any claim over his estate despite the fact that his mother gifted apparently a large sum of money to her son in the form of mortgage payments.  Those gifts do not by themselves entitle her to any part of the estate.  
 
When you say that the decedent's ex is taking your family to probate court, are you saying that they listed you as an interested party in the probate of the estate of the decedent?  If that is the case, then you are not being taken to court you are receiving notice of what she is doing.  
 
When/if the ex is appointed as Personal Representative she will be in charge of settling the estate and funneling remaining assets into an account established for the benefit of the decedent's children.  
 
I hope that this clarifies the issues for you.  
 
Wes

Q: MY BROTHER COMMITTED SUICIDE. HE LEFT 3 KIDS UNDER 18 AND A EX WIFE. WHO WOULD BE CONSIDERED NEXT OF KIN?